Yearly Archives: 2016

Summary Of The Guardian & Wards Act 1890

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  • Reading time:3 mins read

The Act is divided into four chapters. The first Chapter (sections 1- 4 A) deals with certain preliminary matters, such as title, extend and commencement, savings, definitions and powers to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers. Chapter 2 (sections 5- 19) deals with the appointment and declaration of guardians. A large number of questions have arisen with reference to certain provisions contained in this Chapter, particularly, sections 7, 17 & 19. Section 5 which dealt with guardianship by will or other instrument in the case of European British subjects has been repealed. The power to appoint a guardian in other cases is saved by section 6 now which applies to all persons. Section 7 is the operative provision in the Chapter, with the power of the Court to appoint the guardian of the person or property or both. Sections 8-16 mostly deals with procedural or other minor matters. Section 17 is of great importance. It pertains to the matters to be considered by the courts in appointing a guardian. Section 18 provides that a collector, if appointed or declared a guardian, is so appointed by the virtue of his office to be the guardian of the person or property or both. Section 19 prohibits the appointment of a guardian in certain cases. Although negative in form, this section has given rise to a number of problems in interpretation and to the question of the inter relationship between section 17 & section 19. Sections…

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UN Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment

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  • Reading time:5 mins read

United Nations Convention against Torture (hereinafter referred to as the Convention) came into force on June 26, 1987 whereby the purpose was to effectively counter torture throughout the world. Pakistan signed the convention on April 17, 2008 and ratified it on June 23, 2010. Basic Structure of the Convention: Article 1 of the convention defines torture as intentional infliction of ‘severe’ pain, whether physical or mental, by a public official or at his instigation for the purposes of obtaining information or confession from the person tortured or a third person. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. Though, the definition uses the term ‘severe’, the intensity has never been described to bring forth a clearer picture of the instances and techniques which should amount to incrimination of the public official. Convention requires that the person who commits an act of torture shall be dealt with under the criminal law of the state and that the state shall take legislative, administrative and judicial measures to ensure that the violation does not occur. Prohibition being of peremptory nature, it continues to exist even in times of emergency and as such, the right is inviolable. State parties shall adopt measures to ensure the regulation of conduct of their officials and such other measures as may be necessary to prevent torture. Extradition under the convention to a state willing to prosecute the offender, given the universal nature of the crime, is an option while…

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Law of Arbitration in Pakistan

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  • Post category:Law
  • Reading time:49 mins read

There are currently two main pieces of legislation dealing with arbitration in Pakistan: the Arbitration Act 1940[1] and the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011[2]. Although the Arbitration Act 1940 (a pre-partition enactment, which still continues in force) is a very old Act begging for modernity and alignment with other fast paced international jurisdictions, it still serves as a clear and well settled piece of legislation with consistent chain of judicial precedents backing the interpretational aspects shouldering the changing times particularly in trade and commercial matters. The Act provides for arbitration with the intervention of the court as well as without the intervention of the court. The main difference between these two types of arbitration pertains to whether or not both parties to a dispute are willing to resort to arbitration. Arbitration without the intervention of the court takes place where both parties are willing to resort to arbitration without seeking the court to appoint arbitrator(s). Arbitration with the intervention of the court occurs where one party is willing and the other is not, so as to enable the willing party to ensure adherence to the pre-agreed arbitration by the unwilling party. The Foreign Awards Act is simply a ratification of the New York Convention 1958 providing that foreign judgments and awards by or between the nationals of contracting states are to be enforced without questioning the validity of the same except on the grounds explicitly provided for in the Convention. The Statute The law of arbitration in Pakistan is contained in the Arbitration Act 1940. Its main features are…

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